Harold F. Holtz Municipal Training Institute. Topics in Local Government Civics Langford D. Holbrook

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1 Harold F. Holtz Municipal Training Institute Topics in Local Government Civics Langford D. Holbrook Learning Objectives Procedures and Protocol Regarding: Use of Flags, Pledge and National Anthem in Local Government Setting Invocation/Prayer in Local Government Setting Protocol With Foreign Dignitaries How could the situation in the video be handled better? How would you handle such a situation? 1

2 In a statement on its website, the city said it has decided to take the flag down after reviewing further input from the community, detailed written legal opinions from our city attorney and a second legal opinion from a constitutional lawyer. In the future, the city said it would only fly the U.S. and state flags at city hall. The Pledge of Allegiance to the Flag: should be rendered by standing at attention facing the flag with the right hand over the heart. When not in uniform men should remove any non-religious headdress with their right hand and hold it at the left shoulder, the hand being over the heart. Persons in uniform should remain silent, face the flag, and render the military salute Don t compel people to stand and participate if you use the pledge. We all think they should but in practice you are creating more problems than it is worth The Pledge of Allegiance to the Flag: should be rendered by standing at attention facing the flag with the right hand over the heart. When not in uniform men should remove any non-religious headdress with their right hand and hold it at the left shoulder, the hand being over the heart. Persons in uniform should remain silent, face the flag, and render the military salute Don t compel people to stand and participate if you use the pledge. We all think they should but in practice you are creating more problems than it is worth 2

3 In 1943, the Supreme Court held that a state-required compulsory flag salute-pledge of Allegiance violated the First Amendment rights of members of the Jehovah s Witnesses religious group. In 2002, a three-judge panel of the Ninth Circuit had held both the 1954 federal statute adding the words under God to the Pledge of Allegiance and a California school district policy requiring teachers to lead willing school children in reciting the pledge each school day to violate the Establishment Clause of the First Amendment. A subsequent modification eliminated the holding regarding the federal statute but retained the ruling holding that the California statute coerces children into participating in a religious exercise. The Supreme Court, on Flag Day 2004, reversed the Ninth Circuit, finding that Newdow lacked standing to challenge the school district s policy. U.S Flag Display Basics It is the universal custom to display the flag only from sunrise to sunset on buildings and on stationary flagstaffs in the open. However, when a patriotic effect is desired, the flag may be displayed 24 hours a day if properly illuminated during the hours of darkness The flag should not be displayed on days when the weather is inclement, except when an all-weather flag is displayed The flag should be displayed daily on or near the main administration building of every public institution The flag should be displayed in or near every polling place on election days The flag should be displayed during school days in or near every schoolhouse U.S Flag Position and Manner of Display When carried in a procession with another flag or flags, should be either on the marching right; that is, the flag s own right, or, if there is a line of other flags, in front of the center of that line The flag should not be displayed on a float in a parade except from a staff The flag should not be draped over the hood, top, sides, or back of a vehicle or of a railroad train or a boat. When the flag is displayed on a motorcar, the staff should be fixed firmly to the chassis or clamped to the right fender No other flag or pennant should be placed above or, if on the same level, to the right of the flag of the United States of America, except during church services conducted by naval chaplains at sea, when the church pennant may be flown above the flag during church services for the personnel of the Navy 3

4 U.S Flag Position and Manner of Display The flag of the United States of America, when it is displayed with another flag against a wall from crossed staffs, should be on the right, the flag s own right, and its staff should be in front of the staff of the other flag The flag of the United States of America should be at the center and at the highest point of the group when a number of flags of States or localities or pennants of societies are grouped and displayed from staffs When used on a speaker s platform, the flag, if displayed flat, should be displayed above and behind the speaker. When displayed from a staff in a church or public auditorium, the flag of the United States of America should hold the position of superior prominence, in advance of the audience, and in the position of honor at the clergyman s or speaker s right as he faces the audience. Any other flag so displayed should be placed on the left of the clergyman or speaker or to the right of the audience National Anthem Conduct During Playing. During a rendition of the national anthem when the flag is displayed: All present except those in uniform should stand at attention facing the flag with the right hand over the heart Men not in uniform should remove their headdress with their right hand and hold the headdress at the left shoulder, the hand being over the heart Individuals in uniform should give the military salute at the first note of the anthem and maintain that position until the last note When the flag is not displayed, all present should face toward the music and act in the same manner they would if the flag were displayed Use of Invocations/Prayers at Public Meetings How do you handle at your meetings? If you do allow, do you have a policy? Any time limits? Consult you local City Attorney, but develop a policy that addresses when during the meeting and how long 4

5 Invocations/Prayers at Public Meetings Town of Greece v. Galloway Stopping just short of abandoning a historic barrier to religion in government activity, a deeply divided Supreme Court ruled on May 5, 2014 that local governments may open their meetings with prayers that are explicitly religious and may turn out to be largely confined to expressing the beliefs of one faith Narrowly defining what is not allowed in such prayers, the Court said they may not be used to praise the virtues of one faith and may not cast other faiths or other believers in a sharply negative light. Courts have no role in judging whether individual prayers satisfy that test, but can only examine a pattern of prayer to see whether it crossed the forbidden constitutional line and became a form of coercion Invocations/Prayers at Public Meetings Town of Greece v. Galloway Again, consult your attorney, but would appear not to require the alternation of faiths as rigorously as previous to this case The key is coercion. The heart of that is don t make people stand, participate, bow heads. All that is coercion Protocol comes from the Greek meaning "the first glue Protocol can be seen as the glue which holds official life together and makes it work Protocol and etiquette, especially when dealing with international visitors, provide ground rules and a framework that all the participants understand 5

6 It takes only some very simple steps to ensure that you "do the right thing" when it comes to hosting international visitors: Properly prepare for your guests Know your guests' titles and ranks, so that you can greet them properly and make sure they are seated according to their rank or position for a meeting or meal In professional life, it is best to err on the side of formality. Titles should always be used when greeting people or introducing them The protocol behind proper introductions is logical and easy to remember: A junior or less important person is introduced to a senior or more important person Know what your guests hope to accomplish with the meeting, and how their agenda may differ from your agenda or your supervisor's. Having the agenda for the meeting written out, accompanied by a list of all participants in the meeting, is a good idea Have any materials for the meeting prepared and in sufficient quantity for all of your guests. However, try not to load your international visitors down with paper, unless you can offer to ship it to your guests' country Be aware of any cultural differences, including issues such as dress or diet Determine before your guests arrive if a gift is necessary or appropriate. If you are unsure, it is acceptable to ask your visitors' staff in advance of the trip if they will be bringing any gifts, noting that if so, you (or your supervisor) would simply like to be able to reciprocate appropriately. If the gift is more than a small token, you should offer to ship it to your guests' final destination If your international visitors are not proficient in English, find out if a translator will accompany them, or if your agency will need to provide a translator to ensure that the meeting is successful Your local library, bookstore and the Internet will have information on international and business protocol and cultural differences 6

7 Questions or Comments? Langford D. Holbrook 7